HC upholds life term to DU student’s murderer

According to the prosecution, the convict, Vijay Saini alias Ram Singh, stalked the vicitm Radhika Tanwar and when she rejected his advances, he shot her with a countrymade pistol “as a premeditated act” on March 8, 2011.

The Delhi high court has upheld the conviction and life sentence awarded to a man for the murder of a Delhi University (DU) student in Shantiniketan area of south Delhi’s Dhaula Kuan in 2011.

HC upholds life term to DU student’s murderer

According to the prosecution, the convict, Vijay Saini alias Ram Singh, stalked the vicitm Radhika Tanwar and when she rejected his advances, he shot her with a countrymade pistol “as a premeditated act” on March 8, 2011.

The trial court had convicted Singh in 2017 for offences punishable under the Arms Act and Section 302 (murder) of Indian Penal Code IPC.

The trial court had also convicted three others --- Tabrez Ahmed, Sheikh Shekhu and Ashraf Ali --- in the case for giving shelter to the appellant after he killed Tanwar, and sentenced them for the period already undergone by them. The three did not challenge their conviction and sentence.

On October 31, a bench of justices Mukta Gupta and Anish Dayal observed that death of the deceased was “clearly homicidal in nature caused due to firearm injury” and the motive behind the crime was “also evident”.

Dismissing the appeal by the convict against the trial court orders, the court noted that the appellant’s guilt was proved beyond reasonable doubt and was supported by evidence.

Three exonerated in separate case

The Delhi high court has exonerated three people for murdering a Delhi University student in 2009, after they had challenged their conviction and the life imprisonment awarded to them.

21-year-old Nitika Singh, a Delhi University student, was shot on her forehead in September 2009 when she was returning home from college. Her body was later found in a polythene bag at a farmhouse in Mundka village. The accused were convicted in 2020.

In a judgment of October 31, a bench of justices Mukta Gupta and Anish Dayal directed that the men, who were arrested in 2009, be released from jail forthwith, noting that there was no evidence on the basis of which they could be proven guilty.

The bench said there was no proof regarding the motive and the foundational facts and a mere statement of the victim’s father that there was a family dispute with one of the accused regarding property, without any further corroboration, cannot be taken as credible.

“Even if prosecution witness 3 (victim’s father) does mention regarding the property dispute, there is nothing in his statement to indicate that the dispute was simmering and had precipitated in any manner in the recent past to trigger murder of his daughter.

It allowed the appeals of Yashu, Vineet and Sunil Kumar, represented through senior advocate Pramod Kumar Dubey, challenging their conviction and sentence for the offence of murder under the Indian Penal Code and under the provision of the Arms Act.

“On the basis of the discussion and analysis, this court finds that there is no evidence available on record, on the basis of which the appellants can be proven guilty beyond reasonable doubt for the murder of the deceased and therefore, the conviction and the order on sentence thereon passed by the trial court cannot be sustained and is set aside. The appellants are therefore acquitted and be released from custody forthwith,” the bench said.